Share to Facebook Share to Twitter Bookmark and Share
This record contains private information, which has been redacted from public viewing.
Record #: R2017-1020   
Type: Resolution Status: Failed to Pass
Intro date: 11/15/2017 Current Controlling Legislative Body: Committee on Finance
Final action:
Title: Call for Illinois Supreme Court to adopt rules allowing corporations to be represented by non-attorney in municipal administrative hearings
Sponsors: Arena, John, Waguespack, Scott, Foulkes, Toni, Scott, Jr. Michael, Lopez, Raymond A., Pawar, Ameya, Mell, Deborah, Sadlowski Garza, Susan, Silverstein, Debra L., Moore, David H., Sawyer, Roderick T., Osterman, Harry, Mitchell, Gregory I.
Attachments: 1. R2017-1020.pdf
Related files: R2019-362

WHEREAS, in 2014, the Illinois Appellate Court ruled in Slone Street Partners, LLC, v. The City of Chicago Department of Administrative Hearings that corporations must be represented by attorneys in municipal administrative hearings; and|910|WHEREAS, in 2017, the Illinois Supreme Court majority opinion in the same case declined to address the issue of whether a non-attorney can represent a corporation before a municipal administrative hearing; and
WHEREAS, in Chicago, there exists many small corporations, S-Corporations, and limited liability companies, among other business entities; and
WHEREAS, many alleged violations of City of Chicago Municipal Code require an appearance at an administrative hearing; and
WHEREAS, hiring an attorney is often a significant expense for a small business, forcing these businesses to spend more money than can, or is likely to be, assessed as a fine for violations of the Code; and
WHEREAS, the Illinois Supreme Court has the power to and responsibility for regulating the practice of law in Illinois; and
WHEREAS, Illinois Supreme Court Rules, Article II, Rules on Civil Proceedings, Rule 282(b) allows corporations to be represented "through any officer, director, manager, department manager or supervisor of the corporation, as though such corporation were appearing in its proper person" while defending itself on any small claims complaint; and
WHEREAS, Illinois Supreme Court Rules do not address if a corporation must be represented by an attorney before an administrative hearing alleging an ordinance violation; therefore
BE IT RESOLVED, The City Council of the City of Chicago urges the Illinois Supreme Court to adopt a rule similar to Rule 282(b) allowing corporations to be represented by a non-attorney in any municipal administrative hearing; and
BE IT FURTHER RESOLVED, City Clerk of the City of Chicago ...

Click here for full text